Fair Work Regulations 2009

What the Fair Work Regulations 2009 do

These regulations supply the detailed rules and definitions that support the Fair Work Act 2009. They define key terms such as serious misconduct, which covers wilful behaviour inconsistent with continued employment, conduct that risks health or safety, theft, fraud, assault, sexual harassment, intoxication at work and refusal of lawful instructions. They also set out how the Act applies across states and territories, to ships, offshore areas and certain public sector employers.

The regulations cover the National Employment Standards, including parental leave entitlements and the content of information statements for employees. They detail processes for enterprise agreements, such as giving notice of bargaining rights, signing requirements and model flexibility and consultation terms. Further sections address unfair dismissal claims, industrial action ballots, union right of entry, record keeping and pay slip obligations.

Who it affects

The regulations apply to employers, employees, employee-like workers on digital platforms, road transport contractors, unions, the Fair Work Commission and the Fair Work Ombudsman within the national workplace relations system.

Practical point

They set out everyday compliance steps, including how to calculate base rates of pay for pieceworkers, issue pay slips, keep records for seven years, authorise deductions, conduct protected action ballots and handle claims for sexual harassment or unfair deactivation. Employers must follow specific rules for notices, undertakings and high income thresholds. This instrument is relevant if you need to understand or comply with Australian workplace laws on contracts, disputes, record keeping or bargaining.